One of the most important questions when dealing with the driving-under-the-influence arrest is about what’s going to happen to one’s driving privilege? What’s going to happen to the driver’s license? In Los Angeles, when somebody is stopped and arrested for driving under the influence or driving with a 0.08 or above, the police officers are told to confiscate that driver’s license. On a typical DUI case, when someone is arrested, the police officers take the driver’s license. They then send the driver’s license and the police report to the Department of Motor Vehicles. They give the person that was arrested a pink piece of paper, which is a temporary license and is good for 30 days.
If the person who was arrested doesn’t do anything, their license will automatically be suspended and they will have a lot of consequences from that. Someone who’s been arrested for DUI can demand a hearing with the Department of Motor Vehicles. By demanding a hearing they have a chance to fight the Department of Motor Vehicles and fight to save the driver’s license. The person will need to request a hearing, which is the same as demanding a hearing with the Department of Motor Vehicles. The hearing is an opportunity to fight to save the license. They need to request a stay, which stops the suspension from going into effect automatically. The stay allows them to continue to drive while the case is being defended. They need to request discovery, which are copies of the police reports, sworn statements of the officer, and other information that a driver is entitled to when they are arrested. With all this information and with this hearing, you have a chance to fight to save the license.
The DMV hearing needs to be requested within 10 days from the date of arrest. There may be some exceptions and we may be able to get a late hearing, but the DMV usually requires a hearing request be made within 10 days of the date of arrest.
A lot of times, when people are arrested, they’re not really thinking about their license. They may not even realize that the police officers didn’t give it back to them with their property when they were released. The police officers are supposed to tell people arrested for driving under the influence that they only have 10 days to demand a hearing. Most police officers do, but a lot of police officers don’t. If they don’t tell you and you don’t read the paperwork carefully, then you will probably not even see it. The 10 days to request a hearing comes and goes, and their license gets suspended. There’s not too much that can be done at that point.
On a standard DUI case, if the DMV does take action and suspends the license, they’re going to impose on paper what looks like a complete suspension of driving privileges: no driving at all for four months. There are things that can be done to shorten this suspension to get the license reissued on a restricted basis. Usually, after a 30-day time period, we’re able to get a license reissued so the person can drive to work and take care of their needs.
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